Harassment, Intimidation, Bullying Policy - Pennsville School District

PENNSVILLE BOARD OF EDUCATION FILE CODE: 5131.1 

Policy Statement 

HARASSMENT, INTIMIDATION AND BULLYING 

The Board believes that a safe and civil environment in school is necessary for students 

to learn and achieve high academic standards. Since students learn by example, school 

administrators, faculty, staff, and volunteers are required to demonstrate appropriate 

behavior, treating others with civility and respect, and refusing to tolerate harassment, 

intimidation or bullying. Harassment, intimidation or bullying, like other disruptive or 

violent behaviors, is conduct that disrupts both a student's ability to learn and a school's 

ability to educate its students in a safe environment. Therefore, the District will not 

tolerate acts of harassment, intimidation or bullying. 

The Board expects all students to treat each other with civility and respect and not to 

engage in behavior that is disruptive or violent. The Board expects students to conduct 

themselves in keeping with their level of maturity, with a proper regard for the rights and 

welfare of other students, for school personnel, for the educational purpose underlying all 

school activities, and for the care of school facilities and equipment. 

The standards of character education are an essential component of the Pennsville School 

District’s Code of Conduct. The Board believes that with the appropriate infusion of 

character education into the school curriculum, modeling of appropriate behavior by 

adults; support and assistance of students in school, the community and home; our 

students will achieve the above standards of character education. 

School responses to harassment, intimidation or bullying shall be aligned with the Board 

approved Code of Student Conduct which establishes standards, policies and procedures 

for positive student development and student behavioral expectations on school grounds, 

including on a school bus or at school sponsored functions. The Superintendent or 

his/her designee shall be responsible for ensuring the prompt investigation and response 

to all reports of harassment, intimidation or bullying committed on school grounds, at 

school activities and on school buses. 

In addition, the Superintendent or his/her designee shall ensure that this Policy is applied 

to incidents of harassment, intimidation or bullying that are committed off school 

grounds, such as cyber-bullying (e.g., the use of electronic or wireless devices to harass, 

intimidate, or bully), in cases where a school employee is made aware of such actions and 

in cases where the District has the right and authority to impose a disciplinary 

consequence for conduct that occurs off school grounds. 

In that regard, the Superintendent or his/her designee has the right and authority to 

impose a consequence on a student for conduct away from school grounds that is 

consistent with the Board’s approved Code of Student Conduct, pursuant to N.J.A.C. 

6A:16-7.1 and N.J.A.C. 6A:16-7.6. This authority shall be exercised only when it is 

reasonably necessary for the student’s physical or emotional safety, security and wellbeing 

or for reasons relating to the safety, security and well-being of other students, staff 

or school grounds, pursuant to N.J.S.A. 18A:25-2 and 18A:37-2, and when the conduct

HARASSMENT, INTIMIDATION AND File Code: 5131.1 

BULLYING (continued) 

which is the subject of the proposed consequence materially and substantially interferes 

with the requirements of appropriate discipline in the operation of the school. 

Definitions 

“Harassment, intimidation or bullying” is defined as any gesture, any written, verbal or 

physical act, or any electronic communication, whether it be a single incident or a series 

of incidents, that is reasonably perceived as being motivated either by any actual or 

perceived characteristic, such as race, color, religion, ancestry, national origin, gender, 

sexual orientation, gender identity and expression, or a mental, physical or sensory 

disability, or by any other distinguishing characteristic, that takes place on school 

grounds, at any school-sponsored function or on a school bus, or off school grounds, in 

accordance with law, that substantially disrupts or interferes with the orderly operation of 

the school or the rights of other students, and that: 

A. A reasonable person should know, under the circumstances, will have the effect of 

physically or emotionally harming a student or damaging the student’s property, or 

placing a student in reasonable fear of physical or emotional harm to his/her person or 

damage to his/her property; or 

B. Has the effect of insulting or demeaning any student or group of students; or 

C. Creates a hostile educational environment for the student by interfering with the 

student’s education or by severely or pervasively causing physical or emotional harm 

to the student. 

“Electronic communication” means a communication that is transmitted by means of an 

electronic device, including, but not limited to a telephone, cellular phone, computer, or 

pager. 

Expectations for Student Behavior 

As reflected in the Board’s Code of Student Conduct, the Board expects students to 

conduct themselves in keeping with their levels of development, maturity and 

demonstrated capabilities with proper regard for the rights and welfare of other students 

and school staff, the educational purpose underlying all school activities, and the care of 

school facilities and equipment. 

The Board believes that standards for student behavior must be set cooperatively through 

interaction among the students, parent(s) or legal guardian(s), staff and community 

members, producing an atmosphere that encourages pupils to grow in self-discipline. 

The development of this atmosphere requires respect for self and others, as well as for 

District and community property on the part of students, staff and community members. 

The Board believes the best discipline is self-imposed, and it is the responsibility of the 

District Administration and staff to use instances of violations of the Code of Student 

Conduct disciplinary situations as opportunities to help students learn to assume and 

accept responsibility for their behavior and the consequences of their behavior. Staff 

members who interact with students should apply best practices designed to prevent 

disciplinary conduct problems and encourage and foster pupils’ abilities to grow in selfdiscipline. 

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The Board prohibits active or passive support for acts of harassment, intimidation, or 

bullying. Students are encouraged to support other students who walk away from these 

acts when they see them, constructively attempt to stop them, and report these acts to the 

Building Principal or his/her designee. 

Students are also required to conform to reasonable standards of socially acceptable 

behavior, respect the person, property and rights of others, obey constituted authority, and 

respond to District teaching, support and administrative staff. Each Building Principal or 

his/her designee will provide a school-based program for appropriate recognition for 

positive reinforcement for good conduct, self-discipline, good citizenship, and academic 

success. 

Consequences and Remedial Measures for Harassment, Intimidation and Bullying 

Students 

Consequences and remedial measures for a student who commits an act of harassment, 

intimidation or bullying shall be varied and graded according to the nature of the 

behavior, the developmental age of the student and the student’s history of problem 

behaviors and performance. Consequences shall be consistent with the Board-approved 

Code of Student Conduct and N.J.A.C. 6A:16-7.1 et seq. Consequences and remedial 

measures shall be designed to: 

A. Correct the problem behavior; 

B. Prevent another occurrence of the problem; 

C. Protect and provide support for the victim of the act; and 

D. Take corrective action for documented systemic problems related to harassment, 

intimidation or bullying. 

Consequences and appropriate remedial actions for a student who commits an act of 

harassment, intimidation or bullying may range from positive behavioral interventions up 

to and including short and long-term suspension or expulsion, as permitted by law. The 

consequences and remedial measures may include, but are not limited to: 

A. Consequences 

1. Admonishment; 

2. Temporary removal from the classroom; 

3. Deprivation of privileges; 

4. Classroom or administrative detention; 

5. Referral to disciplinarian; 

6. In-school suspension during the school week or the weekend; 

7. After-school programs; 

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8. Out-of-school suspension (short-term or long-term); 

9. Legal action; and 

10. Expulsion. 

B. Remedial Measures 

1. Personal 

a. Restitution and restoration; 

b. Mediation; 

c. Peer support group; 

d. Recommendations of a student behavior or ethics council; 

e. Corrective instruction or other relevant learning or service experience; 

f. Supportive student interventions, including participation of the intervention 

and referral services team; 

g. Behavioral assessment or evaluation, including, but not limited to, a referral to 

the child study team, as appropriate; 

h. Behavioral management plan, with benchmarks that are closely monitored; 

i. Assignment of leadership responsibilities (e.g., hallway or bus monitor); 

j. Involvement of school disciplinarian; 

k. Student counseling; 

l. Parent conferences; 

m. Student treatment; or 

n. Student therapy. 

2. Environmental (Classroom, School Building or District) 

a. School and community surveys or other strategies for determining the 

conditions contributing to harassment, intimidation or bullying; 

b. School culture change; 

c. School climate improvement; 

d. Adoption of research-based, systemic bullying prevention programs; 

e. School policy and procedures revisions; 

f. Modifications of schedules; 

g. Adjustments in hallway traffic; 

h. Modifications in student routes or patterns traveling to and from school; 

i. Supervision of students before and after school, including school 

transportation; 

j. Targeted use of monitors (e.g., hallway, cafeteria, locker room, playground, 

school perimeter, bus); 

k. Teacher aides; 

l. Small or large group presentations for fully addressing the behaviors and the 

responses to the behaviors; 

m. General professional development programs for certificated and noncertificated 

staff; 

n. Professional development plans for involved staff; 

o. Disciplinary action for school staff who contributed to the problem; 

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p. Supportive institutional interventions, including participation of the 

intervention and referral services team; 

q. Parent conferences; 

r. Family counseling; 

s. Involvement of parent-teacher organizations; 

Classified students are subject to the same disciplinary procedures as nondisabled students 

and may be disciplined in accordance with their IEP. However, before disciplining a 

classified student, it must be determined that: 

A. The student's behavior is not primarily caused by his/her educational disability; 

B. The program that is being provided meets the student's needs. 

Staff and Other Individuals 

Consequences and appropriate remedial actions for any staff member or other individual 

who commits an act of harassment, intimidation or bullying may range from positive 

behavioral interventions up to disciplinary charges which could result in suspension or 

termination. The consequences and remedial measures may include, but are not limited 

to: 



2. Temporary removal from the classroom; 

3. Deprivation of privileges; 


5. Withholding of Increment 

6. Suspension; 

7. Legal action; and 

8. Termination 


1. Personal 


b. Mediation; 

c. Support group; 

d. Recommendations of behavior or ethics council; 

e. Corrective action plan; 

f. Behavioral assessment or evaluation; 

g. Behavioral management plan, with benchmarks that are closely monitored; 

h. Involvement of school disciplinarian; 

i. Counseling; 

j. Conferences; 

k. Treatment; or 

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l. Therapy. 









g. Supervision; 

h. Small or large group presentations for fully addressing the behaviors and the 


i. General professional development programs for certificated and noncertificated 

staff; 

j. Professional development plans for involved staff; 

k. Disciplinary action; 

l. Supportive institutional interventions, including participation of the 


m. Conferences; 

n. Counseling; 

Reporting Harassment, Intimidation and Bullying Behavior 

The Superintendent, or Building Principal and/or their designee shall be responsible for 

receiving complaints alleging violations of this policy. 

The Board shall allow reports to be anonymous, but no formal disciplinary action shall be 

based solely on an anonymous report. Any school employee, Board member, contracted 

service provider, student, visitor or volunteer who has witnessed, or has reliable 

information that a student has been subject to harassment, intimidation or bullying, must 

report the incident to the Building Principal or his/her designee. The reporting party 

should use the Incident Report Form available from the Building Principal District’s 

Administrative offices. 

The following procedures shall apply to the reporting of incidents of harassment, 

intimidation or bullying: 

A. All acts of harassment, intimidation, or bullying shall be reported verbally to the 

Building Principal on the same day when the school employee or contracted service 

provider witnessed or received reliable information regarding any such incident; 

B. The Building Principal shall inform the parents or guardians of all students involved 

in the alleged incident, and may discuss, as appropriate, the availability of counseling 

and other intervention services; and 

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C. All acts of harassment, intimidation, or bullying shall be reported in writing to the 

Building Principal within two school days of when the school employee or contracted 

service provider witnessed or received reliable information that a student had been 

subject to harassment, intimidation, or bullying. 

A Board member, school employee, contracted service provider, student or volunteer 

who has witnessed, or has reliable information that a student has been subject to, 

harassment, intimidation or bullying shall report the incident to the Building Principal 

and any appropriate school official, or to any school administrator or safe schools 

resource officer, who shall immediately initiate the District’s harassment, intimidation 

and bullying procedures. 

A Board member or a school employee who promptly reports an incident of harassment, 

intimidation or bullying, to the appropriate school official designated by the District's 

policy, or to any school administrator or safe schools resource officer, and who makes 

this report in compliance with the procedures in this policy, shall be immune from a 

cause of action for damages arising from any failure to remedy the reported incident. 

A school administrator who receives a report of harassment, intimidation, or bullying 

from a District employee, and fails to initiate or conduct an investigation, or who should 

have known of an incident of harassment, intimidation, or bullying and fails to take 

sufficient action to minimize or eliminate the harassment, intimidation, or bullying, may 

be subject to disciplinary action. 

District Anti-Bullying Coordinator 

The Superintendent shall appoint a District Anti-Bullying Coordinator, and shall make 

every effort to appoint an employee of the District to this position. The District Anti- 

Bullying Coordinator shall: 

A. Be responsible for coordinating and strengthening the District’s policies to prevent, 

identify, and address harassment, intimidation, and bullying of students; 

B. Collaborate with School Anti-Bullying Specialists in the District, the Board, and the 

Superintendent or his/her designee to prevent, identify, and respond to harassment, 

intimidation, and bullying of students in the District; 

C. Provide data, in collaboration with the Superintendent or his/her designee, to the 

Department of Education regarding harassment, intimidation, and bullying of 

students; and 

D. Execute such other duties related to school harassment, intimidation, and bullying as 

requested by the Superintendent or his/her designee. 

The District Anti-Bullying Coordinator shall meet at least twice a school year with the 

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School Anti-Bullying Specialists in the District to discuss and strengthen procedures and 

policies to prevent, identify, and address harassment, intimidation, and bullying in the 

District. 

School Anti-Bullying Specialist 

The Principal in each school shall appoint a School Anti-Bullying Specialist. When a 

school guidance counselor, school psychologist, or another individual similarly trained is 

currently employed in the school, the Principal shall appoint that individual to be the 

School Anti-Bullying Specialist. If no individual meeting these criteria is currently 

employed in the school, the Principal shall appoint a School Anti-Bullying Specialist 

from currently employed school personnel. The School Anti-Bullying Specialist shall: 

A. Chair the School Safety Team; 

B. Lead the investigation of incidents of harassment, intimidation, and bullying in the 

school; and 

C. Act as the primary school official responsible for preventing, identifying, and 

addressing incidents of harassment, intimidation, and bullying in the school. 

School Safety Team 

A School Safety Team shall be formed in each school to develop, foster, and maintain a 

positive school climate by focusing on the on-going, systemic process and practices in the 

school and to address school climate issues such as harassment, intimidation, or bullying. 

The School Safety Team shall meet at least two times per school year. 

The School Safety Team shall be appointed by the Building Principal and consist of the 

Principal or his or her designee who, if possible, shall be a senior administrator; a teacher 

in the school; the School Anti-Bullying Specialist; a parent of a student in the school; and 

other members to be determined by the Principal. The School Anti-Bullying Specialist 

shall serve as the chair of the School Safety Team. 

The School Safety Team shall: 

A. Receive any complaints of harassment, intimidation, or bullying of students that have 

been reported to the Building Principal; 

B. Receive copies of any report prepared after an investigation of an incident of 

harassment, intimidation, or bullying; 

C. Identify and address patterns of harassment, intimidation, or bullying of students in 

the school; 

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D. Review and strengthen school climate and the policies of the school in order to 

prevent and address harassment, intimidation, or bullying of students; 

E. Educate the community, including students, teachers, administrative staff, and 

parents, to prevent and address harassment, intimidation, or bullying of students; 

F. Participate in the training required pursuant to the provisions of N.J.S.A.18A:37-13 et 

seq. and other training which the Building Principal or the District Anti-Bullying 

Coordinator may request; 

G. Collaborate with the District Anti-Bullying Coordinator in the collection of districtwide 

data and in the development of District policies to prevent and address 

harassment, intimidation, or bullying of students; and 

H. Execute such other duties related to harassment, intimidation, and bullying as 

requested by the Building Principal or District Anti-Bullying Coordinator. 

No parent/guardian who is a member of the School Safety Team shall: 

A. Receive complaints of harassment, intimidation or bullying of students that have been 

reported to the Building Principal; 

B. Receive copies of reports prepared after an investigation of a harassment, intimidation 

or bullying incident; 

C. Identify and address patterns of harassment, intimidation or bullying of students; or 

D. Participate in any other activities of the team which may compromise the 

confidentiality of a student. 

Investigating Reports of Harassment, Intimidation and Bullying 

All reported incidents of harassment, intimidation and bullying shall be investigated 

promptly and in accordance with law and the following procedures: 

A. All investigations shall be thorough and complete, and documented in writing, and 

shall include, but not be limited to: 

1. Taking of statements from victims, witnesses and accused; 

2. Careful examination of the facts; 

3. Support for the victim; and 

4. Determination if alleged act constitutes a violation of this policy. 

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B. The investigation shall be initiated by the Building Principal or the Principal’s 

designee within one school day of the report of the incident and shall be conducted by 

a School Anti-Bullying Specialist. The Principal may appoint additional personnel 

who are not School Anti-Bullying Specialists to assist in the investigation. 

C. The investigation shall be completed as soon as possible, but not later than 10 school 

days from the date of the written report of the incident of harassment, intimidation, or 

bullying. In the event that there is information relative to the investigation that is 

anticipated but not yet received by the end of the 10-day period, the School Anti- 

Bullying Specialist may amend the original report of the results of the investigation to 

reflect the information. 

D. The results of the investigation shall be reported to the Superintendent within two 

school days of the completion of the investigation, and in accordance with law and 

Board policy. The Superintendent may initiate intervention services, establish 

training programs to reduce harassment, intimidation, or bullying and enhance school 

climate, impose discipline, order counseling as a result of the findings of the 

investigation, or take or recommend other appropriate action. 

E. The results of each investigation shall be reported to the Board no later than the date 

of the next Board meeting following the completion of the investigation, and include: 

1. Any services provided; 

2. Training established; 

3. Discipline imposed; or 

4. Other action taken or recommended by the chief school administrator. 

F. The Superintendent or his/her designee shall ensure that parents or guardians of the 

students who are parties to the investigation shall receive information about the 

investigation. This information shall be provided in writing within 5 school days 

after the results of the investigation are reported to the Board and include: 

1. The nature of the investigation; 

2. Whether the District found evidence of harassment, intimidation, or bullying; or 

3. Whether discipline was imposed or services provided to address the incident of 

harassment, intimidation, or bullying. 

Range of Ways to Respond to Harassment, Intimidation or Bullying 

The Board recognizes that some acts of harassment, intimidation or bullying may be 

isolated incidents requiring that the school officials respond appropriately to the 

individuals committing the acts and provide support programs for victims. Other acts 

may be so serious or parts of a larger pattern of harassment, intimidation or bullying that 

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they require a response either at the classroom, school building or District levels or by 

law enforcement officials. 

In considering whether a response beyond the individual is appropriate, the Administrator 

shall consider the nature and circumstances of the act, the degree of harm, the nature and 

severity of the behavior, past incidences or past or continuing patterns of behavior, and 

the context in which the alleged incident(s) occurred. Institutional (i.e., classroom; school 

building; District) responses include: 

A. School and community surveys; 

B. Mailings; 

C. Focus groups; 

D. Adoption of research-based bullying prevention program models; 

E. Training for certificated and non-certificated staff; 

F. Participation of parents and other community members and organizations; 

G. Small or large group presentations for staff, students, and the community for fully 

addressing a positive school climate and culture as well as the issues surrounding 

harassment, intimidation and bullying in the school community; and 

H. The involvement of law enforcement officers, including school resource officers. 

For every incident of harassment, intimidation or bullying, the District shall respond to 

the individual who committed the act. Responses may include: 

A. Individual responses can include positive behavioral interventions (e.g., peer 

mentoring, short-term counseling, life skills groups) and punitive actions (e.g., 

detention, in-school or out-of-school suspension, expulsion); 

B. Classroom responses can include class discussions about an incident of harassment, 

intimidation or bullying, role plays, research projects, observing and discussing 

audio-visual materials on these subjects and skill-building lessons in courtesy, 

tolerance, assertiveness and conflict management; 

C. School responses can include theme days, learning station programs, parent programs 

and information disseminated to students and parents, such as fact sheets or 

newsletters explaining acceptable uses of electronic and wireless communication 

devices; 

D. District-wide responses can include community involvement in policy review and 

development, professional development programs, adoption of curricula and school- 

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wide programs and coordination with community-based organizations (e.g., mental 

health; health services; health facilities; law enforcement; faith-based). 

The range of ways in which the school shall respond once an incident of harassment, 

intimidation or bullying is identified shall be defined by the Building Principal in 

conjunction with the School Anti-Bullying Specialist, and shall include an appropriate 

combination of counseling, support services, intervention services, and other programs as 

defined by the Commissioner of Education. 

To support the victim of harassment, intimidation or bullying, a range of strategies and 

resources may include, but are not limited to counseling, teacher aides, hallway and 

playground monitors, schedule changes, before and after school supervision, school 

transportation supervision, school transfers, and therapy. The District will attempt to 

provide appropriate strategies and resources such that the victim is not stigmatized and 

does not experience a further sense of persecution. 

Retaliation and Reprisal Prohibited 

The Board prohibits reprisal or retaliation or false accusation against any person who 

witnesses and/or reports an act of harassment, intimidation or bullying by any student, 

school employee, Board member, contracted service provider, visitor or volunteer. The 

consequence and appropriate remedial action for a person who engages in reprisal or 

retaliation or false accusation shall be determined by the Superintendent and/or Building 

Principal or their designee after consideration of the nature, severity and circumstances of 

the act, in accordance with case law and Board policies and procedures. 

Any act of retaliation or reprisal or false accusation against any person who reports an act 

of harassment, intimidation or bullying shall not be tolerated. Any student, school 

employee, Board member, contracted service provider, volunteer or visitor who engages 

in the act of retaliation or reprisal or who falsely accuses another shall be subjected to 

consequence and appropriate remedial action. In cases where any state or federal law has 

allegedly been violated, the local law enforcement agency shall be notified. 

A. Students 

The consequences and appropriate remedial action for a student found to have 

engaged in retaliation, reprisal and/or falsely accused another as a means of 

harassment, intimidation or bullying shall be varied and graded according to the 

nature of the behavior, the developmental age of the student and the student’s history 

of problem behaviors and performance, and shall be consistent with this policy and 

the Code of Student Conduct in Board Policy 5131 and Regulation 5131R. 

Consequences may include positive behavioral interventions, notification of the 

parents/guardians, up to and including short or long-term suspension or expulsion, as 

permitted by law; 

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B. School Employees 

Consequences and appropriate remedial action for a school employee found to have 

engaged in retaliation, reprisal and/or falsely accused another as a means of 

harassment, intimidation or bullying shall be determined in accordance with District 

policies, procedures and then current collective bargaining agreements, up to and 

including suspension or dismissal from service; 

C. Board Members 

Consequences and appropriate remedial action for a Board member found to have 

committed an act of harassment, intimidation, or bullying; or found to have engaged 

in retaliation, reprisal and/or falsely accused another as a means of harassment, 

intimidation or bullying shall be determined in accordance with District policies, 

procedures and agreements, up to and including a public sanction or filed ethics 

charges; 

D. Visitors, Volunteers, Contracted Service Providers, and All Other Persons 

Consequences and appropriate remedial action for a visitor, volunteer, contracted 

service providers and all other persons found to have engaged in harassment, 

intimidation or bullying; or engaged in retaliation, reprisal and/or falsely accused 

another as a means of harassment, intimidation or bullying shall be determined by the 

Superintendent or his/her designee after consideration of the nature, severity and 

circumstances of the act, including reports to appropriate law enforcement officials. 

Consequences and remediation for students, employees, Board members, visitors, 

volunteers, and contracted service providers, engaging in harassment, intimidation or 

bullying or engaged in retaliation, reprisal and/or false accusations may include the 

following: 



2. Temporary removal from the classroom or school; 

3. Deprivation of privileges 

4. Prohibited from access to the school facilities (visitors, vendors, Board members, 

all other people); 

5. Classroom or administrative detention; 


7. In-school suspension during the school week or the weekend; 

8. After-school programs; 

9. Out-of-school suspension (short-term or long-term); 

10. Legal action; 

11. Withholding of Increment; 

12. Suspension; 

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13. Expulsion; 

14. Termination; 

15. Termination of service agreements or contracts (vendors, volunteers); 

16. Public sanction (Board members); 

17. Ethics charges (some administrators, Board members). 


1. Personal 


b. Mediation; 

c. Peer support group; 

d. Recommendations of a student behavior or ethics council; 

e. Corrective instruction or other relevant learning or service experience; 

f. Supportive student interventions, including participation of the intervention 

and referral services team; 

g. Behavioral assessment or evaluation, including, but not limited to, a referral to 

the child study team, as appropriate; 

h. Behavioral management plan, with benchmarks that are closely monitored; 

i. Assignment of leadership responsibilities (e.g., hallway or bus monitor); 

j. Involvement of school disciplinarian; 

k. Counseling; 

l. Conferences; 

m. Treatment; or 

n. Therapy. 









g. Supervision; 

h. Small or large group presentations for fully addressing the behaviors and the 


i. General professional development programs for certificated and noncertificated 

staff; 

j. Professional development plans for involved staff; 

k. Disciplinary action; 

l. Supportive institutional interventions, including participation of the 


m. Conferences; 

n. Counseling; 

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Appeal Process 

The parent or guardian may request a hearing before the Board after receiving the 

information from the Superintendent or his/her designee regarding the investigation. The 

hearing shall be held within 10 days of the request. The Board shall meet in executive 

session for the hearing to protect the confidentiality of the students. At the hearing the 

Board may hear from the School Anti-Bullying Specialist about the incident, 

recommendations for discipline or services, and any programs instituted to reduce such 

incidents. 

At the next Board meeting following its receipt of the report, the Board shall issue a 

decision, in writing, to affirm, reject, or modify the Superintendent’s decision. The 

Board’s decision may be appealed to the Commissioner of Education, in accordance with 

law, no later than the 90 days after the issuance of the Board’s decision. 

A parent, student, guardian, or organization may file a complaint with the Division on 

Civil Rights within 180 days of the occurrence of any incident of harassment, 

intimidation, or bullying based on membership in a protected group as enumerated in the 

“Law Against Discrimination.” 

Week of Respect 

The week beginning with the first Monday in October of each year is designated as a 

“Week of Respect” in the State of New Jersey. The District, in order to recognize the 

importance of character education, shall observe the week by providing age-appropriate 

instruction focusing on preventing harassment, intimidation, or bullying as defined by 

law, N.J.S.A. 18A:37-14. Throughout the school year the District shall provide ongoing 

age-appropriate instruction focusing on preventing harassment, intimidation, and bullying 

in accordance with the Core Curriculum Content Standards. 

Training 

A. School Leaders 

Any school leader who holds a position that requires the possession of a 

Superintendent, Principal, or supervisor endorsement shall complete training on 

issues of school ethics, school law, and school governance as part of the professional 

development for school leaders required in accordance with State Board of Education 

regulations. This training shall also include information on the prevention of 

harassment, intimidation, and bullying as set forth in N.J.S.A. 18A:26-8.2. 

B. Teaching Staff Development 

Each public school teaching staff member shall complete at least two hours of 

instruction in suicide prevention, to be provided by a licensed health care professional 

15



with training and experience in mental health issues, in each professional 

development period. The instruction in suicide prevention shall include information 

on the relationship between the risk of suicide and incidents of harassment, 

intimidation, and bullying and information on reducing the risk of suicide in students 

who are members of communities identified as having members at high risk of 

suicide as set forth in N.J.S.A. 18A:6-112. 

C. Board Members 

Within one year after being newly elected or appointed or being re-elected or reappointed 

to the Board, a Board member shall complete a training program on 

harassment, intimidation, and bullying in schools, including a District’s 

responsibilities as required by N.J.S.A. 18A:37-13 et seq.. A Board member shall be 

required to complete the program only once (N.J.S.A. 18A:12-33). 

D. Staff, Student and Volunteer Training 

The District shall: 

1. Provide training on the District's harassment, intimidation, or bullying policy to 

school employees and volunteers who have significant contact with students; 

2. Provide ongoing staff training, in cooperation with the Department of Education, 

in fulfilling the reporting requirements; 

3. Ensure that the training includes instruction on preventing bullying on the basis of 

the protected categories as required by N.J.S.A.18A:37-14 and other 

distinguishing characteristics that may incite incidents of discrimination, 

harassment, intimidation, or bullying; and 

4. Develop a process for discussing the District's harassment, intimidation or 

bullying policy with students. 

Information regarding the District policy against harassment, intimidation or bullying 

shall be incorporated into a school's employee training program and shall be provided 

to full-time and part-time staff, volunteers who have significant contact with students, 

and those persons contracted by the District to provide services to students. 

Throughout the school year, the District shall provide ongoing age-appropriate 

instruction on preventing harassment, intimidation and bullying, consistent with the 

Core Curriculum Content Standards. 

Reporting to the Board 

Two times each year between September 1 and January 1 and between January 1 and 

June 30, the Board shall hold a public hearing at which the Superintendent or his/her 

designee will report to the Board all acts of violence, vandalism, and harassment, 

intimidation, or bullying (HIB) which occurred during the previous reporting period. The 

report shall include the number of HIB reports in the schools, the status of all 

16



investigations, the nature of the HIB, and other data required by law. 

A. The number of reports of harassment, intimidation, or bullying; 

B. The status of all investigations; 

C. The nature of the bullying based on one of the protected categories identified in 

N.J.S.A. 18A:37-14 such as race, color, religion, ancestry, national origin, gender, 

sexual orientation, gender identity and expression, or a mental, physical or sensory 

disability, or by any other distinguishing characteristic; 

D. The names of the investigators; 

E. The type and nature of any discipline imposed on any student engaged in harassment, 

intimidation, or bullying; and 

F. Any other measures imposed, training conducted, or programs implemented, to 

reduce harassment, intimidation, or bullying. 

Reporting to the Department of Education 

The information, including but not limited to, oral reports, written reports or electronic 

reports shall also be reported once during each reporting period between September 1 and 

January 1 and between January 1 and June 30, to the Department of Education. The 

report shall include: 

A. Data broken down by the enumerated categories including the protected categories as 

listed above and the type of harassment, intimidation and bullying (any gesture; any 

written, verbal or physical act; or any electronic communication, whether it be a 

single or series of incidents); and 

B. Data broken down by each school in the District, in addition to District-wide data. 

The report shall be used to grade each school for the purpose of assessing its effort to 

implement policies and programs consistent with N.J.S.A. 18A:37-13 et seq. The 

District shall receive a grade determined by averaging the grades of all the schools in the 

District. 

Each school shall post the grade received by the school and the overall District grade on 

the homepage of the school’s website. The District shall post all the grades for each 

school of the District and the overall District grade on the homepage of the District’s 

website. A link to the report shall be available on the District’s website. The 

information shall be posted on the websites within 10 days of the receipt of a grade by the 

school and District. 

It shall be a violation to improperly release any confidential information not authorized 

17



by federal or State law for public release. 

The Superintendent or his/her designee will annually submit the report to the Department 

of Education utilizing the Electronic Violence and Vandalism Reporting system 

(EVVRS). The Superintendent or his/her designee shall accurately report on each 

incident of violence, vandalism, alcohol and other drug abuse, and incident of harassment 

intimidation and bullying within the District. Any allegations of falsification of data will 

be reviewed by the Board using the requirements and procedures set forth in N.J.A.C. 

6A:16-5.3(g). 

The State Board of Education shall impose penalties on any school employee who 

knowingly falsifies the report. Therefore, the Superintendent or his/her designee shall 

make a reasonable effort to verify reports of violence, vandalism, and harassment, 

intimidation, or bullying. The Board shall provide ongoing staff training, in cooperation 

with the Department of Education, in fulfilling the reporting requirements. The majority 

representative of the school employees shall have access monthly to the number and 

disposition of all reported acts of school violence, vandalism, and harassment, 

intimidation, or bullying. 

Program Assessment and Review 

The District shall annually establish, implement, document, and assess bullying 

prevention programs or approaches, and other initiatives involving school staff, students, 

administrators, volunteers, parents, law enforcement and community members. The 

programs or approaches shall be designed to create school-wide conditions to prevent and 

address harassment, intimidation, and bullying. 

Policy Development and Review 

The District harassment, intimidation and bullying policy and prevention program shall 

be adopted through a process that includes representation of parents or guardians, school 

employees, volunteers, students, administrators, and community representatives. 

The District shall annually conduct a re-evaluation, reassessment, and review of this 

policy and the harassment, intimidating and bullying prevention program making any 

necessary revisions and additions. The Board shall include input from the School Anti- 

Bullying Specialists in conducting its re-evaluation, reassessment, and review. The 

District shall transmit a copy of the revised policy to the appropriate Executive County 

Superintendent within 30 school days of the revision (beginning September 1, 2011). 

Publication, Dissemination and Implementation 

In publicizing this policy, the community including students, staff, Board members, 

contracted service providers, visitors and volunteers, shall be duly notified that the rules 

detailed within apply to any incident of harassment intimidation and bullying that takes 

place on school grounds, at any school-sponsored function or on a school bus, or off 

school grounds that substantially disrupts or interferes with the orderly operation of the 

school or the rights of other students in accordance with law. 

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The Superintendent or his/her designee shall take the following steps to publicize this 

policy: 

A. Provide a link to this policy on a prominent place on the District website; 

B. Provide a link to this policy on a prominent place on each school’s website; 

C. Distribute this policy annually to all staff, students and parents/guardians; and 

D. Print this policy in any District publication that sets forth the comprehensive rules, 

procedures and standards of student conduct and in student handbooks; 

The District shall notify students and parents/guardians that the policy is available on the 

District’s website. The District shall publish the name, school phone number, school 

address and school email address of the District Anti-Bullying Coordinator on the home 

page of the District website. Each school within the District shall publish the name, 

school phone number, school address and school email address of the District Anti- 

Bullying Coordinator and their School Anti-Bullying Specialist on the home page of the 

school’s website. The information concerning the District Anti-Bullying Coordinator and 

the School Anti-Bullying Specialists shall also be maintained on the Department of 

Education’s website. 

Additionally, the District shall make available, in an easily accessible location of its 

website, the Department of Education’s guidance document for the use by 

parent/guardians, students and District staff to assist in resolving complaints concerning 

student harassment, intimidation or bullying. 

The Superintendent or his/her designee shall ensure that the rules for this policy are 

applied consistently with the District’s Code of Student Conduct as set forth in N.J.A.C. 

6A:16-7.1. and all applicable laws and regulations. All disciplinary sanctions shall be 

carried out with necessary due process. 

This and all related policies shall be reviewed on a regular basis. 

Date: June 27, 2011 

Legal References: 

N.J.S.A. 2A:4A-60 et al. 

N.J.S.A. 10:5-1 et seq. 

N.J.S.A. 18A:6-112 

N.J.S.A. 18A:11-1 

N.J.S.A. 18A:12-33 

N.J.S.A. 18A:17-46 

Disclosure of juvenile information; penalties 

for disclosure 

Law Against Discrimination 

Instruction on suicide prevention for public 

school teaching staff 

General mandatory powers and duties 

Training program; requirements 

Reporting of certain acts by school 

employee; annual report; public hearing 

(acts of violence) 

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N.J.S.A. 18A:25-2 

N.J.S.A. 18A:26-8.2 

N.J.S.A. 18A:36-19 

N.J.S.A. 18A:36-19a 

N.J.S.A. 18A:37-1 et seq. 

N.J.S.A. 18A:37-13 et seq. 

See particularly: 

N.J.S.A. 18A:37-14, -15, -17 

N.J.S.A. 18A:54-20 

N.J.A.C. 6A:14-2.8 

N.J.A.C. 6A:16-1.1 et seq. 

See particularly: 

N.J.A.C. 6A:16-1.4, -7.1, 

-7.6, -7.9 

N.J.A.C. 6A:32-12.1 

N.J.A.C. 6A:32-12.2 

Authority over pupils 

School leader defined; training as part of 

professional development 

Pupil records; creation, maintenance and 

retention, security and access; regulations; 

nonliability 

Student records (Newly enrolled students; 

transfers of records, identification) 

Submission of Pupils to Authority 

(Discipline) 

Anti-Bullying Bill of Rights Act 

Harassment, intimidation, and bullying 

Powers of board (county vocational schools) 

Discipline/suspension/expulsions (students 

with disabilities) 

Programs to support student development 

(includes student conduct code) 

Reporting requirements 

School-level planning 

Gebser v. Lago Vista Independent School District 524 U.S. 274 (1989) United States 

Supreme Court addresses the standard by which a district will be held liable for sexual 

harassment of a student by a school employee under Title IX --requires actual notice and 

deliberate indifference. 

Davis v. Monroe County Board of Education 526 U.S. 629 (1999) United States 

Supreme Court establishes the standard under which a school district may be liable under 

Title IX for sexual harassment of one student by another student. The district will be 

liable for damages only where the school officials are proven to have been deliberately 

indifferent to harassment of which it is actually aware. The harassment must be “severe, 

pervasive and objectively offensive.” 

Saxe v. State College Area School District 240 F.3d 200 (3 rd Cir 2001) A Pennsylvania 

school district’s anti-harassment policy was overly broad and therefore violated the 

Constitutional guarantee of freedom of speech. 

L. W. v. Toms River Regional Schools Board of Education 189 N.J. 381 (2007) The New 

Jersey Supreme Court held that the standard under which a school district may be liable 

under the New Jersey Law Against Discrimination for student-on-student bullying or 

harassment is not the Title IX deliberate indifference standard, but is rather the same 

standard used under the NJLAD for hostile work environment cases. A district will be 

20



judged by whether the district's response met the “reasonable person” test: what would a 

reasonable person (teacher, supervisor, vice principal, principal, etc.) do in a similar 

situation. School districts will be shielded from liability under NJLAD when their 

preventive and remedial actions are reasonable in light of the totality of the 

circumstances. 

Possible 

Cross References: 

1220 Ad hoc advisory committees 

1410 Local units 

3541.33 Transportation safety 

4131/4131.1 Staff development; inservice education/visitation conferences 

4231/4231.1 Staff development; inservice education/visitation 

conferences 

5020 Role of parents/guardians 

5113 Attendance, absences and excuses 

5114 Suspension and expulsion 

5124 Reporting to parents/guardians 

5131 Conduct and discipline 

5131.5 Vandalism/violence 

5131.6 Drugs, alcohol, tobacco (substance abuse) 

5131.7 Weapons and dangerous instruments 

5142 Student safety 

5145.4 Equal educational opportunity 

5145.6 Pupil grievance procedure 

5145.11 Questioning and apprehension 

6145 Extracurricular activities 

6164.4 Child study team 

6171.4 Special education 

6172 Alternative educational programs 

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Harassment, Intimidation, Bullying Policy - Pennsville School District

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